Patna High Court
Kamta Singh vs The State Of Bihar on 11 February, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7810 of 2021
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KAMTA SINGH son of Kulvansh Singh, resident of vilage- Dhansa, Police
Station- Rohtas, District- Rohtas.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Principal Secretary, Department of Education, Government of Bihar,
Patna.
3. The Principal Secretary, Department of Personnel and Administrative
Reforms, Bihar, Patna.
4. The Director, Mass Education, Bihar, Patna.
5. The District Mass Education Officer, Rohtas at Sasaram.
6. The District Education Officer, Rohtas at Sasaram.
7. The District Programme Officer, Bihar Education Project, Rohtas at
Sasaram.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwary
For the Respondent/s : Mr. Lalit Kishore ( Ag )
: Mr. Girijish Kumar, Advocate
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CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI
ORAL JUDGMENT
Date : 11-02-2022
The matter is heard via video conferencing due to
circumstances prevailing on account of the COVID-19 pandemic.
2. State counsel accepts notice for respondent Nos. 1 to
7.
3. Counsel for the petitioner is hereby directed to serve
copy of the writ petition to the counsel for the State/respondents, if
it is not already served.
Patna High Court CWJC No.7810 of 2021 dt.11-02-2022
4. In the instant petition, petitioner has prayed for the
following relief/reliefs:
"That the present writ application has been
filed for a direction upon the Respondent concerned to
considered the claim of the petitioner for absorption
against Class-IV post in view of order passed by this
Hon'ble Court in C.W.J.C. No. 8418 of 2010 (Sheo
Bhajan Prasad Diwakar and Others Vs. The State of
Bihar and Others) disposed off vide order dated
21.04.2011 under which those non-formal instructor
who have continuously work for three years and due to
winding up of the scheme day should observed as class
IV post likewise non-formal supervisor they has been
observed Class - III post as well as in view of Division
order passed in L.P.A. No. 1489 of 2011 disposed off
vide order dated 11.08.2015 as well as order passed by
Hon'ble Apex Court in S.L.P. No. 32079 of 2015
disposed off vide order dated 26.02.2016 as petitioner
has also engaged as non-formal instructor in year 1996
and worked till 1999. Any other order/orders
direction/directions, writ/writs which may be petitioner
entitlted to."
5. The aforesaid relief is supported by representation
vide Annexure 5 and so also he has relied on decision dated
21.04.2011 passed in C.W.J.C. No. 8418 of 2010 read with order
dated 11.08.2015 passed in L.P.A. No. 1489 of 2011 and order
dated 26.02.2016 passed in S.L.P. No. 32079 of 2015.
6. In the light of above facts and circumstances, the
competent authority/respondent is hereby directed to examine
petitioner's representation at Annexure 5 within a period of three
Patna High Court CWJC No.7810 of 2021 dt.11-02-2022
months from the date of receipt of this order. If the petitioner is
entitled, in that event, necessary order shall be passed. In the event
of the fact that petitioner is not entitled, necessary speaking order
shall be passed as to why the petitioner is not entitled to the claim
made by him in the representation read with the relief sought in the
present petition. The above exercise shall be completed within a
period of three months.
7. With the above observations, writ petition stands
disposed off.
(P. B. Bajanthri, J)
GAURAV S./-
AFR/NAFR
CAV DATE
Uploading Date
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